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Minutes - 03/20/2000 - Plan CommissionVILLAGE OF OAK BROOK PLAN COMMISSION MINUTES March 20, 2000 L CALL TO ORDER The meeting was called to order at 7:34 p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: A quorum was present. IL APPROVAL OF MINUTES Chairman Members Director of Community Development Stelios Aktipis Stephen Allen Samuel Girgis Barbara Payovich David Pequet Anthony Tappin Surendra Goel Robert Kallien Member Allen moved, seconded by Member Tappin, to waive the reading of the May 17, 1999, Plan Commission Meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion passed. Member Payovich moved, seconded by Member Tappin, to waive the reading of the October 5, 1999, Special Plan Commission Meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion passed. Ill. SAMATAS — 9 NATOMA DRIVE — FLOOD PLAIN SPECIAL USE PERMIT — TO CONSTRUCT A FOOT BRIDGE AND ACCESSORY STRUCTURE (a small pavilion referred to as a recreational folly) Chairman Aktipis briefly advised the members and audience of the petition request. The Plan Commission will be hearing the issues relating to the Flood Plain Special Use. Mr. Samatas, petitioner has been an Oak Brook resident for over 15 years. He is seeking approval of a flood plain special use to construct a pedestrian bridge and recreational folly. The property, which is just under 4 acres is located in the Old Oak Brook subdivision and has an island. This parcel was part of the Butler estate before it was subdivided. He would like to enhance the aesthetic view and create a recreational use of the rear portion of his lot which includes a portion of the island itself. In the 1980's, the Village constructed the dam, bridge and sluice gate to accommodate certain requirements that the Village had to undertake in terms of maintenance for floodway purposes. This is how he inherited the property. One of the PLAN COMMISSION Minutes March 20, 2000 1 gu'l considerations is that the current structure controls the flow of water up and down stream from Salt Creek. He is attempting to construct a new bridge. The adjacent property around the island itself is Fullersburg Woods. There is a neighbor to the south and north. He has tried to address various concerns and issues of the Village. He is seeking the following: Construct a new bridge that is similar to what currently exists in Fullersburg Woods. For safety purposes due to the current state of the bridge and as requested by the Village, he will widen the bridge and the Village will retain a ten -foot (10') access easement for maintenance of the bridge and sluice gates. 2. The bridge will be about three feet wide and will match the existing bridge in Fullersburg Woods and will span approximately forty feet (40'). 3. The DuPage County Countywide Stormwater and Flood Plain Ordinance does not list an ornamental folly as an approved use. Therefore, they are including it to enhance the aesthetic view of the site. It will be an uninhabitable structure. This portion of the request will be reviewed by the Zoning Board of Appeals. Mr. Samatas submitted pictures for review by the members. • The first picture depicts how his property looks in the summer at his home with Fullersburg Woods in the rear (the bridge and folly have been added to the picture). • The second is a rendering of the anticipated landscaping, what the site currently looks like, along with how it will look once construction takes place. • The third is a picture of a similar bridge in Fullersburg Woods • The picture is a roman folly made out of composite limestone that allows natural vegetation to grow and provide a garden like effect. It is an uninhabitable structure that will be higher than the flood plain elevation. • The last two sets of pictures depict what the sluice gate and bridge currently look like. There is a certain amount of unsightliness and he is trying to have little impact on his neighbors or surrounding use. He is trying to aesthetically enhance the utilization of that part of the property that is entirely within the floodway. Less than 3 to 4 times per year, the creek rises up to one foot. The bridge and folly will have a minimum impact on the floodway. Mr. Samatas noted that the landscape plans have been revised and he plans to leave all of the natural vegetation as it currently exists, but will increase some of the vegetation that is indigenous to the area. A good portion of the island would be subject to a certain amount of flooding throughout the year. He would like to add some colored vegetation that is natural and more aesthetically pleasing than what exists, without having an impact on the surrounding neighbors. Mr. Samatas addressed the 11 concerns listed in the Ordinance. Member Payovich questioned whether the height of the bridge would impact the flow of water in the event of a flood. The civil engineer from W.T. Engineering, said that the consultant Christopher Burke has done extensive studies with an FEQ model, which is a watershed analysis model of the storm flows. Due to the compensatory storage they must supply, the PLAN COMMISSION Minutes March 20, 2000 2 impact will be almost negligible. Member Tappin asked if the island has ever been completely under water. Mr. Samatas said that it has, but the County now utilizes the Elmhurst Quarry in allowing some of the excess water off Salt Creek to be temporarily stored in the pits. The island has typically been flooded, covered from 6 inches to one foot, and may last as long as 24 -48 hours before steps are undertaken beyond his control that he can determine the receding of the water rapidly takes place. Typically, this portion of the floodway typically dries out very quickly. Part of the consideration of placing the proposed bridge on this side of the existing bridge, is because it gives a protection, because the stream typically flows south. When questioned about the agreement with Mike Meranda, Director of Public Works, Mr. Samatas said that the Village typically removes debris from the upstream portion of the sluice gate and Meranda was concerned that in the event debris would be lodge on the other side the Village would need accessibility. Mr. Meranda requested, that in the event the bridge is approved, the Village would want the right to utilize the bridge and Mr. Samatas is agreeable to the request. There are a number of issues that in Mr. Meranda and Mr. Durfey's letters that will be handled at the permitting stage, to ensure that landscaping would not infringe on the utilization of the Village easement rights to maintain the gate. Chairman Aktipis noted that the pictures presented depict the folly as a new looking structure and other pictures show a weathered structure so it is unclear as to how the structure will look. Mr. Samatas answered that the structure is purchased new, and to produce the ruined effect, you pound away at the structure and allow natural vegetation to grow through it to create the garden effect. No one in the audience spoke in favor of the request. Dr. Leonard Rutkowski, 12 Natoma, is a 20 -year resident and lives directly west of the petitioner. He disagrees with some statements made by Mr. Mr. Samatas. 1. He has not finished construction of his house in over a four -year period. 2. In regards to the impact on the neighbors, no one has been consulted, talked to or anything else. Their impact has already been felt in a $1000 water bill, damaged sprinklers, constant dust and cleaning in the neighborhood. 3. No offer to pay to be neighborly. 4. They have had trouble from turfing of their lawns from individuals at the house. 5. The petitioner has removed and replaced landscaping several times. 6. The petitioner now wants the neighbors to be agreeable to another endeavor, and they have no idea how long it will take to be finished, or whether a bond could be in place to cover damage incurred in the neighborhood. 7. The police had to place a no parking sign on one side, because trucks were parked on both sides, which made it difficult for emergency vehicles to get through. 8. There needs to be some limit on the impact on neighbors in regards to noise, dust, construction and expense. 9. Given the past history this could be another four -year deal. PLAN COMMISSION Minutes March 20, 2000 3 �L Emmett Malloy, 11 Natoma, north of and adjacent to the Mr. Samatas property. He does not want to be unreasonable about the petitioner's request, but want to know how much they are expected to endure. The Old Oak Brook Homeowner's Association has not objected to the proposal, although they have not been informed that there was to be a structure on the island. This has been an ongoing project for over four years. He has suffered damage on his property and there is limited space for which the bobcats and equipment to go through which has caused continual damage. There has to be some sort of planned construction period that is reasonable, so that this does not go on for an abnormal length of time. There is 34 -feet between his property and the petitioner, through which the construction equipment and personnel go through numerous times during the day. The construction has not been a pleasant experience. It was suggested in the letter from the Homeowner's Association that he must put up a construction fence to restrict the people working on the property from trespassing on other property and to contain the debris and equipment that has been a problem in the past. The Commission needs to take the rest of the community into consideration if this request is permitted, the length of time needs to be a very reasonable amount of time. The continual construction has taken away a lot of the freedom in the community, with the children, added traffic, etc. Chairman Aktipis questioned Mr. Malloy as to what period of time the Homeowner's Association felt was reasonable for Mr. Samatas to finish the structures. Mr. Malloy said that a letter from the Homeowner's Association was sent to the Commission members suggesting 30 -60 days. Mr. Samatas responded that he clearly understands how his neighbors feel about living through a long period of construction. Without taking specific issue with any particular statement made, he is willing to consider what their issues are and he will speak with them and he hopes to be living there a long time. He will work out an amicable solution with the neighbors so that they can have some sense of comfort for what they believe he has put them through with the passage of time. Also, in terms of timing of the bridge, only Dale Durfey knows this particular issue. It is also a very expensive and time consuming undertaking. The traffic area between the Samatas and Malloy properties is a function of construction. He will be more than happy to recognize their concern for disruption in the neighborhood. If the Plan Commission is concerned with a timing issue he will be happy to make a personal commitment to address this issue and create some harmonious existence between himself and the neighbors. Chairman Aktipis questioned Mr. Samatas on the following issues addressed by the neighbors: • The timeframe: If, and when the request would be approved, Mr. Samatas would be subject to the timing of material. He believes it would take less than 60 days to construct the bridge. • The construction fence and control equipment, debris and dust: Mr. Samatas would like to sit down with the neighbors and see what would accommodate their concerns in addressing their issues. Member Tappin commented that it appears that the construction schedule is the biggest part of the problem. Once the schedule is printed, it can be given to the neighbors. He agrees that some sort of bond should be posted to cover any possible damage to their properties. PLAN COMMISSION Minutes March 20, 2000 4 V.LLC, Robert Kallien, Director of Community Development said that it is important for the Plan Commission to address their desires on these issues to the Zoning Board of Appeals and Board of Trustees. Staff, with the applicant's input could come up with some timeframes. If it is voted for approval, then when it goes to the Board the timeframes could become part of the approval. The bond issue should be presented to the Village attorney for his input. Dale Durfey, Village Engineer, said that flood plain issues are unique, so that a bond may be somewhat appropriate. Member Pequet questioned since the access through the sideyard and easement will be damaged during construction then it should be put back to normal in the 60 -day time period. Mr. Samatas responded that he does not object to the request. Member Allen, suggested, that these issues be conditioned on any approval. Member Girgis noted that Dale Durfey's letter on page 23 -23a of the petition file also addresses certain issues. Robert Kallien advised the Plan Commission and audience that the request before them is for a special use for the bridge and folly as proposed. If the petitioner wishes to build anything other than what has been proposed, dimension -wise, type of construction, it would have to come back through the process. The special use is for a very specific type of structures. If they would be different then the special use would need to be amended through the process by the various boards. Member Allen moved, seconded by Member Tappin, to recommend approval of the petitioner's proposal as requested, subject to the following conditions: 1. Completion of the project within 60 days from date of permit issue, subject to any issues outside of the petitioner's control. 2. A construction fence to be in place to control dust and protect neighbors from damage sustained during construction. 3. All landscape, including the sideyard and easement area, to be restored immediately upon completion of the construction. 4. The structures are to be built in substantial conformance with the Plans submitted (see Attachment "N" of the Petition file). 5. A cash bond may be required from petitioner. 6. Final Engineering approval. ROLL CALL VOTE: Ayes: 6- Nays: 0 - Absent: 1 - Motion Carried. Allen, Girgis, Pequet,Tappin and Aktipis Goel PLAN COMMISSION Minutes March 20, 2000 5 IV. YORKSHIRE REALTY— 4 YORKSHIRE DRIVE —PRELIMINARY PLAT— SEVEN - LOT SUBDIVISION Ed Resner, Eddy - Resner Engineering, advised the members and audience of the proposed seven -lot single - family subdivision, located in the easterly portion of the Village bounded by Harger Road, Yorkshire and the Tollway on the southeasterly side. The property is approximately 5.18 acres, and they are proposing to work within the existing R -3 zoning. He was instructed by the owners to minimize the impact to the natural area and to the Village. They are proposing a private street (cul -de -sac) that would allow ingress and egress through the lots. They do not request or suggest any other driveways to Harger Road. The area has suitable sewer and water available which will minimize any additional impact on excavation areas. They have followed the Village Code with respect to Stormwater Management. They believe they can improve the drainage characteristics in the neighborhood. They are proposing curb and gutter on the street with the radius in accordance with Village Codes. They have responded to correspondence from Village staff and as a result have amended the plat to show a flag lot with a radial geometric coming out of the end of the cul -de -sac. They were requested to place a landscape island in the cul -de -sac. All of the lots are above the 25,000 square feet required. There is an existing house on Lot 7 that the owner is occupying. Member Tappin asked if there was sufficient turning radius for emergency vehicles. He also questioned if the utilities would be buried. Village Engineer Durfey responded that the cul -de- sac would meet Village standards, even with the landscape island. All new public utility easements being granted have to be placed underground. Currently there are above ground utilities existing in the area. Village Engineer Durfey has recommended in his memorandum that the Village require the applicant to build a bike path along his Harger Road frontage, which coincides with a pathway the Village is currently in a grant for. This would somewhat reduce the Village's cost. Mr. Resner submitted a response to Village Engineer Durfey's Memorandum. He explained that the topography on Harger Road is variable. It is a rather flat street, but to the south is a quite noticeable depressed area between the subject property and Harger Road. There would be difficult challenges to placing any kind of pathway in the public right of way at the south property line of the Illinois State Toll Highway Authorities land. He is suggesting to work with the Forest Preserve District which is on the other side of Harger Road and more contiguous to the entrance to the Forest Preserve District which would be more of a connection point for people going to that developed area. Village Engineer Durfey said that the grant along Harger will pick up the existing pathway on the other side of Salt Creek in front of the commercial office building on the south side of the street. The plan is to continue that on the same side of the street, across Salt Creek, come up to the stop sign at Yorkshire Woods, continue on the south side going up toward York Road, then crossing over the toliway and coming south on the west side of York Road. Member Allen said when using bike paths it is very uncomfortable to cross major thoroughfares more than once. To minimize that would be more desirable, if it is feasible. Every effort should be made to make it as contiguous with the proposed Village plan so that the paths do connect. PLAN COMMISSION Minutes March 20, 2000 6 T-L Member Tappin asked if the Homeowner's Association would be taking care of the maintenance and costs for the private road. Mr. Resner said that covenants and restrictions stating that will be filed with the Village after preliminary plat approval. Mr. Resner said that the relative location of the private cul -de -sac (with respect to the one existing house that is not included in the subdivision), he has chosen to put the back of curb to a minimum, one -foot away from the property line. If the 28 -foot wide street could be reduced to 27 feet back to back, it would double the space next to the lot, and would allow a two -foot wide parkway. The street will have a very low daily traffic count. The proposed change could be made to drain properly and all maintenance would be private responsibility. Village Engineer Durfey responded that he believes it would be appropriate to add a condition that a distance of three feet would be a practical minimum for future maintenance activities. Perhaps a note in a condition of approving the preliminary plat would be such that the dimensional details would be worked out at the final plat stage. Some times the Board approves reduced street widths. Member Tappin raised the concern of parking on both sides of the street and Member Allen agreed. After a brief discussion, Village Engineer Durfey said that some private subdivisions have contracts with the Police Department to enforce certain less criminal type activities. Chairman Aktipis said that the recommendation for approval could be conditioned by the Homeowners Association entering into a contract with the Police Dept. to enforce parking restrictions and traffic. No one in the audience spoke in favor of the petition request. Donald Busch, 56 Yorkshire Woods, stated that he was not opposed, but needed clarification of where the entrance to the proposed subdivision would be and was shown by Mr. Resner. Fred Tiesanga, 7 Yorkshire Woods, said that he lives directly across from the Subdivision, does not have any problems with the subdivision at all, but he just found out that it appears the street to the subdivision will empty directly into their driveway. He questioned whether the entrance could be moved a bit. Mr. Resner said that he would address the issue during final engineering. Richard Schrik, 36 Yorkshire Woods, questioned whether the two existing houses on Yorkshire are remaining or being demolished. Mr. Resner responded that it was his understanding the two existing homes will be there for the foreseeable future. Mr. Schrik questioned the approximate values of the homes that would be built in the subdivision. Mr. Resner answered between $800,000 to $1.5 million. The houses will be built according to local building codes. Belin Gresens, 16 Yorkshire Woods, questioned the lot size. She was advised that they are all approximately one -half to three - quarters of an acre. Nick Agliata, 15 Yorkshire Woods, asked if the property was always zoned R -3. Director of Community Development Kallien said that it always has been zoned R -3. He also stated that the applicant's existing home has two existing nonconformity's. There is a five -foot side yard setback and the front yard is only thirty -five feet, these setbacks will not change. PLAN COMMISSION Minutes March 20, 2000 7 �-�r Member Girgis moved, seconded by Member Tappin, to recommend approval of the petitioner's proposal as requested, subject to the following conditions: 1. An acceptable modification to the entrance to the roadway for the neighbor whose driveway is directly across from the subdivision entrance. 2. Modifying the area between the private roadway easement and the existing parcel to meet final engineering approval. 3. Construction of the pedestrian /bicycle path along Harger Road to be contiguous with the proposed Village plan. 4. Homeowner Association covenants to include a contract with the Police Dept. to enforce parking restrictions on one side of the street and traffic in the subdivision. 5. Final Engineering approval. ROLL CALL VOTE: Ayes: 6 - Allen, Girgis, Pequet,Tappin and Aktipis Nays: 0- Absent: 1 - Goel Motion Carried. V. COMPREHENSIVE PLAN AND ZONING ORDINANCE UPDATE —STATUS REPORT Director of Community Development, Robert Kallien advised the members that one of his main responsibilities will be to initiate an update to the Comprehensive Plan and to the Zoning Ordinance. Both documents are somewhat dated, and some work needs to be done. The first item will be zoning. He asked the members to contact him, if they have any issues they would like to discuss. As an update, Village Manager, Steve Veitch made a presentation to the Committee of Whole and it sets the framework for the Master Plan Update, which will include some roadway improvements as well as some incremental changes to density in certain commercial areas. Member Tappin said that in the long -range plans he would like to see a Salt Creek River Walk that goes on the north east corner of the business section would be a magnificent asset to Oak Brook, and would bring in a lot of revenue. The level of Salt Creek can now be controlled. Director of Community Development Kallien, said that as part of the Master Plan, that would need to be identified as a future possibility. If the Village Board endorses that idea, then timeframes could be established to see if it is really feasible and how to proceed with an additional study. Chairman Aktipis said that he also likes the idea. Director of Community Development Kallien said that the one in Naperville is very positive and many communities are now copying that concept. It depends upon what a community wants. If it wants to be very commercialized it could be like San Antonio or very passive and just be something that compliments the open PLAN COMMISSION Minutes March 20, 2000 8 V, space area. Chairman Aktipis noted that his impression is that the residents would not like the idea of making this a very big issue, by attracting a lot of people from the outside. However, if it is properly focused and limited to a certain. area of Salt Creek in the commercial area, it could be very successful. V1. ADJOURNMENT Member Tappin moved, seconded by Member Pequet to adjourn. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 9:00 p.m. t � L r Director of Community Dev ent Secretary May 15, 2000 Date Approved PLAN COMMISSION Minutes March 20, 2000 9